Date: 12-11-2018
Business: Court is on Leave.
Next Purpose: DIRECTIONS
Next Hearing Date: 23-01-2019
Date: 23-01-2019
Business: Exh-5 Adv. Archana Sanap for plaintiff tendered application for issuance of writ of summons..
Matter is adj for filing service affidavit on 02/04/19.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-04-2019
Date: 02-04-2019
Business: Adv.Mandira Dey for plaintiff present.
Matter adj for affidavit of service on 09/08/19.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-08-2019
Date: 09-08-2019
Business: As P.O. is on Trainning
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-09-2019
Date: 20-09-2019
Business: Plaintiff absent.
Defendant absent.
Adv. Sneha Mishra for plaintiff present.
Adv. for defendant absent.
Advocate for plaintiff filed service of writ of summons.
Matter adjd to 16.11.2019 for report.
Reason For Adjournment: court time is over
Next Purpose: REPORT
Next Hearing Date: 16-11-2019
Date: 16-11-2019
Business: Plaintiff absent.
Defendant absent.
Adv.Sridevi Kotkar for plaintiff present.
Adv.for defendant absent.
Advocate for plaintiff tender application for substitute service by paper publication -TOR.
Matter adjd to 19.12.2019 for report.
Next Purpose: REPORT
Next Hearing Date: 19-12-2019
Date: 19-12-2019
Business: Plaintiff absent.
Defendant absent.
Adv.Shreedevi Kotkar for plaintiff present.
Adv.for defendant absent.
Advocate for plaintiff tender application for substitute service. However, she not press the application and submitted that she wants to tender Chamber summons for substitute service of writ of summons.
Application Exh.No 7 not press - Seen and filed.
Advocate for plaintiff tender application for paper publication, no order passed by this court for substitute service. Therefore, application is in-fatuous, hence rejected.
Matter adjd to 13.02.2020 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-02-2020
Date: 13-02-2020
Business: Adv.Nigwekar for plaintiff present.
Adv.for defendant absent.
Advocate for plaintiff tender draft chamber summons @ affidavit - Leave is granted to register chamber summons.
KB.
LO at 3.55p.m.
Advocate for plaintiff tender register chamber summons N. 294/2020.
Heard, Ld counsel for plaintiff.
FRSR - Order below in chamber summons No. 294/2020.
ORDER
1) Chamber summons NO. 294/2020 is allowed.
2) Plaintiff is permitted to publish writ of summons in the local newspaper Free press journal (English) and Navshakti (Marathi).
3) Plaintiff to bear expenses of publication.
4) Plaintiff is directed tender publication @ affidavit of service.
Matter adjd to 04.03.2020 for compliance and affidavit of service.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-03-2020
Date: 04-03-2020
Business: Adv. Nigwekar for plaintiff present.
Adv. for defendant absent.
Adv. for plaintiff tendered affidavit of service alongwith paper publication.
In view of paper publication, writ of summons was published in the local newspaper, however defendant remained absent. Hence suit is proceeded Exparte against defendant.
Matter adjd to 5/3/2020 for Exparte evidence on behalf of plaintiff.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-03-2020
Date: 05-03-2020
Business: Witness present.
Adv. Ms. Negwekar for plaintiff present and tendered draft chamber summons - Leave is granted to register Ch/s.
KB
Later on at 3.45 pm
Adv. for plaintiff tendered registered Ch/s. 417/2020
Heard ld. counsel for plaintiff.
F.R.S.R. Following order is passed
ORDER
1) Ch/s. No. 417/2020 is made absolute in terms of prayer clause (a) and (b).
2) Plaintiff is directed to carry out amendment within 14 days.
Adjd. for Compliance to 6/3/2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-03-2020
Date: 06-03-2020
Business: Adv. Nigvekar for plaintiff present.
Adv. for defendant absent.
Adv. for plaintiff tender affidavit in lieu of examinetion in chief @ list of document seen and verifide.
Suit is proceeded ex-parte witness is present. following doucment are marked as an exhibited document.
1.Application.
2.Sanction Letter bearing Application no. 01480000032.
3.(CBD-23 )borrower\''s Profile.
4.(CBD-23 )Guarantor\''s Profile.
5. Proforma Invoice by M/s. Autocreate Wheels.
6.Receipt of Rs. 2,10,000/- bearing Receipt No. 00354 by M/s. Autocreate Wheels.
7.(L-434) Demand Promissory Note for Rs. 8,00,000/-.
8.(L-435) Bearer Letter for Rs. 8,00,000/-.
9.(L-440) Installment Letter.
10.(L-515) None Relation with any Director of Bank.
11.(L-516) Multipurpose Documents for Rs.8,00,000/-.
12.(L-512) Agreement of Hypothecation for Consumer Loan in respect of Vehicles for Rs.8,00,000/-
13.(OD- 194 ) Deed of Gurantee of Rs.8,00,000/-
14. Complaint Letter to Sr. Inspector of Police bearing Ref. No. MSZ/JJF/2016-17/60 received on 28.07.2016 by Plaintiff.
15. Advocate Notice
16. Statement of Account
17. Particulars of claim.
18. Power of Attorney
Adv. for Plaintiff filed evidence closed pursis.
Heard ld. Adv. for plaintiff.
F.R.S.R. Following order is passed -
ORDER
1. Suit is decreed with costs.
2. Defendants do pay jointly and severally principal amount of Rs. 8,00,000/- with interest @ with interest @ 10.15percent p.a. to the plaintiff till realization of entire amount within three months.
3. It is declared that the sums payable in terms of prayer clause (a) by the defendants and validly secured in favour of the plaintiff by the personal assets of the defendants so disclosed by them and plaintiff is entitled to sell the same and realize and appropriate the net sale proceeds towards their dues.
4. Defendants by themselves, their servants and agents be restrained by an order and injunction from in any manner selling or transferring or assigning or alienating or encumbering or parties with possesssion or creating 3rd party right or interest in the moveable and immoveable properties so disclosed by defendants.
5. Necessary Court fee stamp be refunded to the plaintiff if rule permits.
6. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 06-03-2020